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13:18 GMT, Monday, 12 May 2008 14:18 UK

Man denies Orkney waiter murder

Shamsuddin Mahmood

The brother of a waiter shot dead in an Orkney restaurant in 1994 has told a court he could think of "no reason" why anyone would want to murder him.

Michael Ross, 29, denies murdering 26-year-old Shamsuddin Mahmood at the Mumutaz restaurant in Kirkwall.

Abul Shafuddin told the first day of the trial at the High Court in Glasgow he had "no idea" why anyone would kill his brother.

Mr Ross, of Inverness, was 15 at the time of the waiter's death.

He is also accused of attempting to defeat the ends of justice by changing his clothing and disposing of the weapon.

Mr Ross is further charged with, while acting with others whose identities are unknown, committing a breach of the peace outside the Indian restaurant by shouting, swearing, uttering threats of violence and racist abuse.

'Easy virtue'

The offence was allegedly committed between 3 May and 24 May, 1994.

Mr Ross is also accused of committing a breach of the peace on 19 May that year in Papdale Woods, Kirkwall.

He denies all charges and has lodged a special defence of alibi claiming he was nowhere near the Indian restaurant or Kirkwall town centre, but was cycling in another part of Orkney.

Under cross-examination by Donald Findlay QC, for Mr Ross, Mr Shafuddin admitted telling police at the time that his brother had a girlfriend in Orkney, who was a local girl.

Mr Shafuddin had thought that this girl was someone of "easy virtue".

The killing of Mr Mahmood, originally from Bangladesh, was the first murder in Orkney for 25 years. It sparked one of Northern Constabulary's largest ever investigations.

The trial, which could last several weeks, continues.



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Related to this story:
Soldier denies 1994 Orkney murder (14 Mar 08 |  Highlands and Islands )

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